Catlin et Al v Castle Grant Ltd et Al

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Husbands, J.
• Judgment Date: 22 March 1979
• Neutral Citation: BB 1979 HC 13
• Docket Number: No. 75 of 1978
• Date: 22 March 1979

High Court

Husbands, J.

No. 75 of 1978

Catlin et al

and

Castle Grant Ltd. et al

Mr. P. Williams for the plaintiffs.

Mr. E. Alleyne and Mr. A. P. Shepherd for the defendants.

Practice and procedure - Costs — Taxation of costs

Husbands, J.

1 When this matter came before the court for hearing on 14 ^th March, 1979 counsel for the plaintiffs informed the court that a settlement had been reached and sought the court's approval in respect of that part of the settlement which concerned the second plaintiff, an infant. With the agreement of course for the defendants counsel for the plaintiffs submitted a draft order with the terms of the settlement for approval.

2 The court intimated it wished to take time to consider the draft. Having looked into the matter the court is of the view that before approval of the settlement may be considered certain procedural matters should be regularized and the following papers filed -

• (a) the approval of the terms of the settlement by the next friend of the infant;

• (b) an opinion by the infant's attorney-at-law that he considers the settlement and its terms to be beneficial to the infant;

3 Counsel for the plaintiffs informed the court that the settlement was arrived at on the basis of 50 per cent blameworthiness on the part of infant. Presumably counsel on both sides have advised their respective clients on the extent of their liability in this regard and copies of any such opinions should be filed. See Birchall (1880) 16 Ch D. 41 at 43.

4 On the question of quantum, the court will need...